950823

LHC rejects customs

re-assessment of

imported goods

RECORDER REPORT

LAHORE: A single bench of the Lahore High Court has upheld the assessment of Custom levies imposed by preshipment inspection firm Cotecna and has directed to release the consignment after the payment of said amount, while rejecting the assessment of Customs authorities, which was almost double the previous one.

One Zafar Iqbal had filed a writ petition before the High Court through his counsel Nazir Ahmed Ghazi contending that he had imported some used refrigerators from United Kingdom, which was assessed by Cotecna and a duty of Rs 244,000 was imposed.

When this consignment landed in Karachi, the Customs authorities re-examined the consignment and doubled the duty. It was submitted that under the 'repatriable investment scheme' the petitioner was qualified to import this consignment.

The bench comprising Mr Justice Munir A. Sheikh, while admitting the petition for regular hearing, had directed the petitioner to furnish the amount in equal to the Cotecna assessment and get his consignment released. Nevertheless, he was also directed to furnish the bonds for the remaining amounts of the levy.

BOOTA'S BAIL PLEA

The Supreme Court has issued notice to the provincial government in a bail application filed by the detained leader of PML(N) Haji Mohammad Boota.

Single Bench of the Supreme Court, which conducted the hearing in chamber would take up this matter after the vacations.

Haji Boota had been arrested on corruption charges in a case registered by the Anti-Corruption Department Punjab, for misusing the development funds allocated to him for the different schemes of his constituency. It was alleged that he pocketed about Rs 125,000 during the second tenure of Nawaz Sharif.

Pleading his case before the Supreme Court, senior lawyer Mohammad Ismaeel Qureshi submitted that all other co-accused of the case had been released except Haji Boota. He submitted that Haji Boota had deposited the amount in the account of the Multan Development Corporation for development, and later this amount was utilized through proper channels.

Arguing the case, counsel for petitioner, Ismaeel Qureshi, submitted that after eight months of pendency, the case was taken up by Mr Justice Mohammad Naeem Hashim of LHC who rejected the bail. The counsel submitted that he had completed his arguments on July 12 and it was on record but the order sheet bears the date of July 11, which implied that the court had already written the decision.

He further submitted that, according to him, one of the brothers of the said learned judge was also nominated in the same case and now-a-days was enjoying bail, but the petitioner had only been put behind the bar due to his political affiliation.

The court has issued notice and would take up this matter after the vacations.

PRESIDENTIAL ORDINANCES

The Lahore High Court has issued notice to the federal government in writ petition moved by local lawyer M.D. Tahir challenging the issuing of presidential ordinances for legislations.

He had moved a writ petition to the court contending that promulgation of such ordinances in the presence of parliament was unfair because these ordinances usurp the independence of the parliament and in the presence of such legislation, the existence of parliament become meaningless.

He prayed before the court for declaration of these ordinances as null, void and ineffective.

A local citizen Chaudhary Ashfaq has moved a writ petition to the LHC contending that the broadcasting licence of the Star T.V Meddalist be cancelled because of telecasting of anti-Islamic and anti-Pakistan propeganda of the Zee T.V.

Through his petition, he submitted that in a recent broadcast the late Indian film artist Notan, was compared to (God forbid) the pages of holy Quran. He submitted that it was move to instigate the religious sentiments of the Muslims of the globe. He has prayed before the court to cancel the broadcasting licence of the said company.

DESEATING OF ACTING CJ

A local lawyer Saif-ul-Haq Ziaie has moved to the LHC for deseating of acting Chief Justice contending that present Chief Justice of the Lahore High Court was no more competent to hold this office.